[HISTORY: Adopted by the Common Council of the City of Brodhead
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 8, Chs. 3 and 4, of the 1997 Code]
The following definitions shall be applicable in this article:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
A corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator
or stove.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout
are examples of office paper generally accepted as high-grade. This
term does not include industrial process waste.
Plastic resins labeled by the SPI Code No. 7.
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in § 66.0131(1)(a),
Wis. Stats., state agency or authority or federal agency.
Polyethylene terephthalate, labeled by the SPI Code No. 1.
An individual, separate, rigid plastic bottle, can, jar or
carton, except for a blister pack, that is originally used to contain
a product that is the subject of a retail sale.
Solid waste other than solid waste generated in the production
of goods, hazardous waste, as defined in § 291.01(7), Wis.
Stats., waste from construction and demolition of structures, scrap
automobiles, or high-volume industrial waste, as defined in § 289.01(17),
Wis. Stats.
Polypropylene, labeled by the SPI Code No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
Includes lead acid batteries; major appliances; waste oil;
yard waste; aluminum containers; corrugated paper or other container
board; foam polystyrene packaging; glass containers; magazines; newspaper;
office paper; rigid plastic containers, including those made of PETE,
HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel
containers; waste tires; and bimetal containers.
Has the meaning specified in § 289.01(33), Wis.
Stats.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
Leaves, grass clippings, yard and garden debris and brush,
including clean woody vegetative material no greater than six inches
in diameter. This term does not include stumps, roots or shrubs with
intact root balls.
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall separate the following materials from post-consumer waste:
A.
Lead acid batteries.
B.
Major appliances.
C.
Waste oil.
D.
Yard waste.
E.
Aluminum containers.
F.
Bimetal containers.
G.
Corrugated paper or other container board.
H.
Foam polystyrene packaging.
I.
Glass containers.
J.
Magazines.
K.
Newspaper.
L.
Office paper.
M.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
other resins or multiple resins.
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 386-2 do not apply to the following:
A.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 386-2 from solid waste in as pure a form as is technically feasible.
B.
Solid waste which is burned as a supplemental fuel at a facility
if less than 30% of the heat input to the facility is derived from
the solid waste burned as supplemental fuel.
To the greatest extent practicable, the recyclable materials separated in accordance with § 386-2 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall manage lead acid batteries, major appliances, waste oil and
yard waste as follows:
A.
Lead acid batteries with intact cases shall be placed alongside the
recycling bin.
B.
Major appliances shall be placed at curbside, provided prior arrangement
has been made between the occupant and the licensed recyclable hauler.
C.
Waste oil shall be placed in a clean covered receptacle and placed
alongside the recycling bin.
D.
Yard waste shall not be collected at curbside in the City of Brodhead.
Residents of the City may enter into the City designated and maintained
compost site during the time the compost site is open to deposit yard
waste in the area designated for the receipt of same. Nonresidents
are prohibited from entry into the compost area or from depositing
yard waste therein. Leaves and brush shall be collected at curbside
by the City at certain infrequent times as are established by the
Director of Public Works and advertised in the official newspaper.
Leaves and brush shall not be placed at curbside for collection unless
tied in bundles or placed in biodegradable containers such as paper
bags or biodegradable plastic trash bags. Grass clippings and other
leafy yard and garden debris will not be collected at curbside by
the City at any time.
Occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 386-2E through O:
A.
Aluminum containers shall be placed in the recycling bin.
B.
Bimetal containers shall be placed in the recycling bin.
C.
Corrugated paper or other container board shall be placed alongside
or under the recycling bin.
D.
Foam polystyrene packaging shall be placed in the recycling bin.
E.
Glass containers shall be placed in the recycling bin.
F.
Magazines shall be separated from newspaper and placed in the recycling
bin.
G.
Newspaper shall be placed in the recycling bin.
H.
Office paper shall be placed in the recycling bin.
I.
Rigid plastic containers shall be prepared and collected as follows:
(1)
Plastic containers made of PETE shall be placed in the recycling
bin.
(2)
Plastic containers made of HDPE shall be placed in the recycling
bin.
(3)
Plastic containers made of PVC shall be, beginning January 1, 1995,
placed in the recycling bin.
(4)
Plastic containers made of LDPE shall be, beginning January 1, 1995,
placed in the recycling bin.
(5)
Plastic containers made of PP shall be, beginning January 1, 1995,
place in the recycling bin.
(6)
Plastic containers made of PS shall be, beginning January 1, 1995,
placed in the recycling bin.
(7)
Plastic containers made of other resins or multiple resins shall
be, beginning January 1, 1995, placed in the recycling bin.
J.
Steel containers shall be placed in the recycling bin.
K.
Waste tires shall be placed at curbside, provided prior arrangement
has been made between the occupants and the licensed recyclable hauler.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 386-2E through O:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program.
(3)
Provide for the collection of the materials separated from the solid
waste by the tenants and the delivery of the materials to a recycling
facility.
(4)
Notify tenants of reasons to reduce and recycle solid waste, which
materials are collected, how to prepare the materials in order to
meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including
a name, address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 386-2E through O from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 386-2E through O:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
(3)
Provide for the collection of the materials separated from the solid
waste by the users, tenants and occupants and the delivery of the
materials to a recycling facility.
(4)
Notify users, tenants and occupants of reasons to reduce and recycle,
which materials are collected, how to prepare materials in order to
meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including
a name, address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 386-2E through O from solid waste in as pure a form as is technically feasible.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the City of Brodhead may inspect recyclable materials separated for
recycling, post-consumer waste intended for disposal, recycling collection
sites and facilities, collection vehicles, collection areas of multiple-family
dwellings and nonresidential facilities and properties, and any records
relating to recycling activities, which shall be kept confidential
when necessary to protect proprietary information. No person may refuse
access to any authorized officer, employee or authorized representative
of the City of Brodhead who requests access for purposes of inspection
and who presents appropriate credentials. No person may obstruct,
hamper, or interfere with such an inspection.
B.
Any person who violates a provision of this article may be issued
a citation by the City of Brodhead to collect forfeitures. The issuance
of a citation shall not preclude proceeding under any other ordinance
or law relating to the same or any other matter. Proceeding under
any other ordinance or law relating to the same or any other matter
shall not preclude the issuance of a citation under this subsection.
It shall be unlawful for any person, unless under contract with
or licensed by the City of Brodhead, to collect or remove any recyclable
material that has been deposited or placed at the curb or in a container
adjacent to a home or nonresidential building for the purposes of
collection for recycling.
A.
It shall be unlawful for any person to dispose of or dump solid waste,
post-consumer waste, garbage, refuse or recyclable materials in any
street, alley or other public place within the City of Brodhead or
in any receptacles or private property without the owner's consent
unless it is placed in bags or containers in the manner and at the
times specified by this article.
B.
The owner of solid waste, post-consumer waste, garbage or refuse
deposited or discharged in violation of this article shall be liable
for a violation hereof as provided in this section. It shall be presumptive
evidence that solid waste, waste, garbage or refuse containing indicia
of ownership, such as name labels, mail containing names and addresses
or other printed or written names that are consistent throughout,
is owned by the person or persons whose names are found therein.
C.
No person shall place for collection any garbage at the curb not
owned or occupied by such person.
It shall be unlawful for any person to place for disposal any
of the following wastes: hazardous and toxic wastes, chemicals, explosives,
flammable liquids, paint, trees and stumps, construction debris, carcasses,
medical wastes.
It shall be unlawful to bring refuse for disposal (and recyclables)
from outside the corporate limits into the City of Brodhead unless
authorized by agreement with the City of Brodhead.
A.
Haulers may not dispose in a landfill or burn in a solid waste facility
any recyclable materials generated in the City of Brodhead that have
been separated for recycling.
B.
Haulers shall not compact glass with paper during collection and
transport of recyclables to a processing facility or market and shall
maintain materials in marketable condition.
The hauler has the right to reject or leave at the curb any
recyclable material that is not prepared according to the specifications
in this article or in education material provided by the contractor
to the service recipients. Materials may also be left if not separated
from solid waste, placed in the proper container, or are not designated
recyclable materials for collection. The hauler also has the right
to refuse to pick up any solid waste if it contains recyclable containers
and material. In such cases, the hauler or attendant shall notify
the generator of the materials about the reasons for rejecting either
in writing or verbally. The hauler shall also keep a list of such
occurrences and provide it to the City of Brodhead on a monthly basis.
Haulers who collect solid waste or recyclables in the City of
Brodhead for storage, treatment, processing, marketing or disposal
shall obtain and maintain all necessary municipal and state permits,
licenses and approvals prior to collecting any materials in the City
of Brodhead.
The recycling haulers and processors operating in the City of
Brodhead are required to maintain records and report in writing to
the City Clerk at least twice each year. Reports shall include the
amount of solid waste and recyclables collected and transported from
the City of Brodhead, the amount of solid waste and recyclables processed
and/or marketed by item type from the City of Brodhead, and the final
disposal location of solid waste and recyclable material. Failure
to report shall be cause for the municipality to revoke any license
or sever any contract with the hauler/processor.
Recyclable materials and refuse, upon placement at the curb,
shall become the property of the collector. Recyclable materials,
upon collection by any permitted collector, shall become the property
of the contractor.
The City of Brodhead reserves the right to designate additional
post-consumer waste as recyclable or currently collected materials
as no longer recyclable in accordance with state law and to either
add or delete them from any collection services provided by the municipality
or its contractors. The municipality shall provide written notice
to its service recipients of this declaration.
The City of Brodhead shall establish the time of collection
of solid waste and recyclables, and the City Clerk shall publish and
provide written notice of the collection schedule at least once at
the beginning of each year and at any time when the collection schedule
is changed.
A.
Solid waste shall be placed for collection in disposable plastic
bags not to exceed 50 pounds per bag in weight or 33 gallons per bag
in volume and sealed or tied in a manner to avoid litter. All other
garbage containers are unsuitable for solid waste collection in the
City of Brodhead.
B.
Recyclables shall be placed in the recyclable bins to be furnished
by the collection contractor. If there is a greater amount of recyclables
than can be contained in the designated bin, those excess materials
can be placed on top of or adjacent to the recycling container, clearly
separated from the garbage.
C.
All solid waste and recyclables shall be placed as herein required
at the specified collection point no sooner than 24 hours prior to
the regularly scheduled collection time or be allowed to remain at
the curb longer than 12 hours thereafter.
Except as otherwise specifically directed or authorized by the
City of Brodhead, solid waste and recycling containers shall be placed
at the curbline or mailbox, adjacent to the premises owned or occupied
by the person, of the street designated in the published collection
schedule for collection. Materials shall be placed out for collection
according to the scheduled days established and published by the City
of Brodhead.
Residents shall contact the collection contractor when they
have couches, bulky items, and construction material from household
remodeling or repair, and arrangements for collection will be made.
[Amended 11-17-2014]
The City shall determine costs for regular and special solid
waste collection and user fees to cover those costs. For refuse disposal
containers larger than 65 gallons for the automated refuse disposal
system, there shall be an annual fee as established by resolution
of the Common Council; however, the City may waive the fee in multifamily
homes in which a refuse disposal container larger than 65 gallons
is used. The annual fee must be paid to the City no later than November
17 of the year of use of such larger container. If such fee is not
paid by November 17, the City Clerk-Treasurer shall impose such annual
fee as a special charge upon the property per § 66.0627,
Wis. Stats., which will be incorporated into the tax roll for the
next tax year.
A.
BUSINESS
FERROUS METAL
GLASS
GOVERNMENTAL UNIT
MULTIFAMILY DWELLING
MUNICIPALITY
NEWSPAPERS
NONPROFIT ORGANIZATION
RECYCLABLE MATERIALS
SOLID WASTE
WASTE OIL
WASTE TIRE
YARD WASTE
Definitions. The following definitions shall be applicable in this
section:
Any organization or enterprise operated for profit, including,
but not limited to, commercial, retail and industrial enterprises.
Steel, brass, copper, or other metal.
Glass bottles, jars, and dishes made of clear, green and
brown colored glass. Not included are light bulbs, window glass and
drinking glasses.
The governments of the United States, State of Wisconsin,
Counties of Green and Rock, any municipality, any school or vocational
and technical district with schools or offices located within the
City of Brodhead and any departments, divisions, agencies, instrumentalities
and units thereof.[1]
A building containing three or more dwelling units.
A town, city, or village located wholly or partly within
the boundaries of Green and Rock Counties.[2]
Newsprint-type paper received as an ordinary newspaper, advertising
circular or supplement. Magazines not printed on newsprint-type paper
shall not be included within the definition of "newspapers."
Any organization or association not organized or operated
for pecuniary profit, including, but not limited to, churches, hospitals,
nursing homes, private schools and museums.
Unwaxed and uncoated corrugated cardboard and cardboard packaging;
glass bottles and jars; aluminum containers and scrap in whatever
form; newspapers; high-density polyethylene (HDPE) plastic containers;
polyethylene terephthalate (PET) plastic containers; ferrous metal
containers and scrap in whatever form; waste oil; motor vehicle batteries;
yard waste; appliances; waste tires.
Includes all garbage and refuse generated in the City of
Brodhead for waste collection, but excluding recyclable materials
as defined herein.
Any oil after use or which is contaminated through storage
or handling before that oil is recycled.
A tire that is no longer suitable for its original purpose
because of wear, damage, or defect.
Leaves, grass clippings, garden debris and brush, including
clean woody vegetative material no greater than three inches in diameter
or eight feet in overall length.
B.
Recycling of recyclable materials required.
(1)
It shall be mandatory for every person, business, governmental unit,
and nonprofit organization disposing of recyclable materials in the
City of Brodhead to separate all such recyclable materials from all
other solid waste materials so as to not place the recyclable materials
into the regular solid waste collection in the City of Brodhead.
(2)
Recyclable materials, as defined herein, shall be processed for separate
disposal by every person, business, governmental unit, and nonprofit
organization generating same in the City of Brodhead as follows:
(a)
Glass shall be rinsed and separated by color into clear, green,
and brown and placed into the distinctive recycling bins being provided
by the recycling collection contractor. All lids, plastic and metal
rings shall be removed. The filled recycling bin shall not exceed
20 pounds in weight. The recycling bins may be placed as described
hereunder for collection by the City contractor.
(b)
Unwaxed and uncoated corrugated cardboard and cardboard packaging
and newspapers shall be bundled in eight- to ten-inch bundles tied
with string and placed alongside the recycling bin for collection.
(c)
Aluminum, steel, HDPE and PET plastic containers shall be rinsed
and placed in the recycling bin for collection.
(d)
Waste oil shall be placed in unbreakable leakproof containers
and placed alongside the recycling bin for collection.
(e)
Discarded automobile batteries shall be placed alongside the
recycling bin for collection.
(f)
The recycling bin shall be used if a curbside collection of
recyclables is desired. All separated recyclables shall be placed
inside the bin and the bin placed at curbside for collection next
to the solid waste materials on the designated solid waste collection
day in the City of Brodhead, with the exception of those recyclable
materials specified herein for placement alongside the recycling bin.
The Director of Public Works is authorized to establish and promulgate
reasonable regulations as to the manner, days, and times for the collection
of the recyclable materials contained within the recycling bin or
alongside thereof.
(g)
Curbside collection of separated recyclable materials is provided
as a service to residents of the City. Those persons desiring to transport
and separately dispose of recyclable materials and those businesses,
governmental units, and nonprofit organizations in the City not participating
in the curbside collection of recyclable materials by having made
separate arrangements with the recycling collection contractor shall
separately dispose of their recyclables in a legal manner consistent
with all state, county and local requirements. Such separate disposal
may be accomplished by delivery to the Brodhead Area Recycling Center
from 9:00 a.m. to 12:00 noon on Saturdays. Such recyclables delivered
to the Brodhead Area Recycling Center shall not contain or be combined
with solid waste materials and shall be placed into adequate, separate
containers. Such containers shall not exceed 20 pounds.
(h)
Yard waste shall not be regularly collected at curbside in the
City of Brodhead. Yard waste shall be collected at curbside at certain
infrequent times as are established by the Director of Public Works
and advertised in the official newspaper. Yard waste shall not be
placed at curbside for collection unless placed in biodegradable containers
such as paper bags, cardboard boxes or biodegradable plastic trash
bags. For those times when curbside collection is not scheduled, yard
waste may be delivered to the compost and brush area west of the sewage
treatment plant from 7:00 a.m. to 3:00 p.m., daily.
C.
Notification of municipal recycling requirements required. All owners
of multifamily dwelling units shall notify tenants upon moving in
and semiannually thereafter of Green or Rock County and City of Brodhead
recycling requirements. All businesses, governmental units, and nonprofit
organizations shall notify regularly all employees, agents, and other
users or occupants of their premises of Green or Rock County and City
of Brodhead recycling requirements.[3]
D.
Separate requirements for business, governmental units and nonprofit
organizations. Those businesses, governmental units, and nonprofit
organizations requiring more than the one recycling bin furnished
by the recycling collection contractor for municipal curbside collection
of recyclables shall provide adequate, separate containers for the
disposal of recyclable materials and provide for the collection and
recycling of recyclable material separated from solid waste by their
employees, agents, and other users or occupants of their premises.
E.
Recyclables placed for collection property of City. Once placed at
a collection site either at curbside or at the Brodhead Area Recycling
Center in accordance with the provisions of this article, any recyclable
materials so placed shall become the property of the City of Brodhead.
It shall be a violation of this article for any person unauthorized
by the City of Brodhead to collect or pick up or cause to be collected
or picked up any of such recyclable materials.
F.
Recyclable disposal mandated. It shall be a violation of this article
for any person, firm, or corporation to dispose of any recyclable
materials in the City of Brodhead in violation of the terms of this
article or to fail to comply with its terms in the disposal of recyclable
materials.
G.
Violations. In addition to other penalties provided by the general
penalty provisions of the Code of the City of Brodhead for a violation
of this article, solid waste containing recyclable materials will
not be subject to municipal collection in the City of Brodhead. The
placing of solid waste for the regular solid waste municipal collection
that contains nonseparated recyclable materials by any person, firm,
or corporation shall constitute a violation of this article.
